U.S. v. Mboule

Ct. of Appeals dismissed defendant’s appeal that challenged Dist. Ct.’s denial of his motion to withdraw guilty plea on conspiracy to commit wire fraud charge, where defendant had entered into plea agreement that waived his right to appeal his conviction. Agreement contained clause that if defendant had breached his agreement to fully cooperate with authorities, U.S. would be completely released from all of its obligations under agreement, but that defendant would not be allowed to withdraw from any previously accepted guilty plea. Moreover, defendant had broken promise of full cooperation earlier in day of his change-of-plea hearing in interview with FBI agent. Ct. rejected defendant’s contention that his waiver was not knowing because government had failed to discuss at change-of-plea hearing defendant’s alleged lies he told to FBI agent, and that he would be denied benefits of plea agreement, where Ct. found that defendant knew that he had lied to FBI agent and still elected to go forward with his guilty plea. Fact that defendant was caught in his lies did not create opportunity to allow him to withdraw from his guilty plea, and although government did not recommend acceptance-of-responsibility adjustment for defendant as called for in agreement, said failure was based on defendant’s failure to meet his obligations on cooperation clause.